(A) Repair obligation.
(1) The subdivider shall be responsible for all repairs to the improvements to be dedicated to the city for a period of two years from the date of approval of the final plat; however, this two-year period shall be extended in the event the city notifies the developer at any time during the initial two-year period that:
(a) Repairs are required before the city will accept the improvements, and those repairs have not been completed, inspected and approved at the end of the two-year period; and
(b) The city has not already required payment under the posted guarantee.
(2) In no event shall responsibility for repairs extend beyond three years.
(3) If such improvements have not been properly installed, or if repairs have not been made as required herein by the end of the two-year repair guarantee period, then such guarantee, or a proportion thereof, as determined by the city at its discretion, shall be paid over to the city by the subdivider and/or guarantor, as may be applicable, and the proceeds from the guarantee shall be used to pay for proper repairs to the improvements in accordance with the requirements specified herein.
(B) Collateral release.
(1) The guarantee shall remain in effect until such time as the City Clerk shall, upon authorization from the City Council, release the subdivider from the guarantee obligations of the subdivider under this code. Such guarantee may only be released when the city determines that all improvements have been completed in a satisfactory manner, the developer’s two-year repair obligation period has expired, and all repairs required for final acceptance of improvements have been completed, inspected and approved. However, in no case shall the guarantee be held beyond three years from the date of final plat approval. Any guarantee given to the city by a subdivider shall be deemed to incorporate the guaranty of all of the subdivider’s obligations under this code with respect to such improvements.
(2) The Subdivision Administrator and the Director of Public Works shall notify the City Council when a release of the guarantee collateral may be given. Whenever improvements are to be dedicated to another authority, school district, road district, park or other government, such improvements shall be accepted or approved by such other entity before the release of the guarantee collateral.
(3) Upon notification that the release of the guarantee collateral is appropriate, the developer/subdivider shall be deemed to have dedicated the improvements to the city and shall grant to the city a bill of sale and other documents required by the city for the improvements. The City Council shall approve the dedication, bill of sale and other documents and thereby give final acceptance to the improvements to be dedicated to the city, and will authorize the City Clerk to release all of the collateral guarantee.
(Ord. 1069, passed 7-20-1998; Am. Ord. 1175, passed 2-19-2001; Am. Ord. 1219, passed 3-18-2002; Am. Ord. 1527, passed 9-8-2009; Am. Ord. 1532, passed 10-26-2009; Am. Ord. 1696, passed 3-21-2016)